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ARMY | BCMR | CY2004 | 20040010426C070208
Original file (20040010426C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 August 2005
      DOCKET NUMBER:  AR20040010426


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, payment of an enlistment bonus and
student loan repayment program (SLRP) benefits.

2.  The applicant states, in effect, when he enlisted in the Army, his
recruiter told him he was eligible for and entitled to SLRP benefits and an
enlistment bonus.  He claims that after returning from basic training, he
reported to his unit and began the process to obtain his SLRP benefits and
enlistment bonus.  At that time, he was told his test scores were too low
to receive these incentives and the recruiter had neglected to give him a
bonus addendum to his enlistment contract.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214), Developmental Counseling
Form
(DA Form 4856), Transmittal Letter (TL) Discrepancy Letter, Transmittal
Record (DA Form 200) and Enlistment Contract (DD Form 4) with associated
documents.

CONSIDERATION OF EVIDENCE:

1.  On 8 July 1998, the applicant enlisted in the United States Army
Reserve (USAR) for 8 years.  A Statement of Understanding (USAREC Form
1122) Addendum to the applicant’s enlistment contract shows he was
enlisting for training in military occupational specialty (MOS) 63S (Heavy
Wheel Vehicle Mechanic).

2.  The applicant entered active duty to attend initial active duty
training (IADT) on 29 December 1998.  He successfully completed training
and was awarded MOS 63S in May 1999.

3.  On 22 May 1999, the applicant was released from active duty after
completing 4 months and 24 days of active military service.  At that time,
he was returned to his USAR unit (449th Maintenance Company) for duty.

4.  Upon his return to his USAR unit, the applicant attempted to get the
SLRP benefits and enlistment bonus he was promised by his recruiter.  While
his chain of command supports his request, no administrative resolution to
these issues has been accomplished to date.

5.  Based on the approval of the applicant’s chain of command and on the
recommendations of the Inspector General, the applicant’s unit commander
completed a DA Form 5261-4-R (SLRP Addendum) to the applicant’s enlistment
contract on 23 May 1999 and an enlistment bonus addendum on 6 June 1999.
The SLRP addendum showed the applicant was entitled to SLRP benefits up to
a maximum of $10,000.00, and the enlistment bonus addendum indicated he
should receive a $2,500.00 enlistment bonus.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Policy Integrator, Incentives and Budget Branch, Enlisted
Accessions Division, Department of the Army (DA) Office of the Deputy Chief
of Staff, G-1.  This DA G-1 official reviewed the applicant’s case and
determined he was qualified for a $3,000.00 enlistment bonus, as opposed to
the $2,500.00 indicated in the enlistment bonus addendum prepared by the
applicant’s unit; and up to $10,000.00 in benefits under the provisions of
the SLRP.  This DA official recommended the applicant’s request be approved
and that he be provided the enlistment bonus and SLRP benefits indicated.

7.  On 25 April 2005, the applicant concurred with the DA G-1 advisory
opinion rendered in his case.

8.  Army Regulation 135-7 (Incentive Programs) prescribes policies and
procedures for the administration of the Army National Guard (ARNG) and
USAR incentive programs.  The SLRP incentive is offered to qualifying
nonprior, prior, and in-service personnel on signing a contractual
agreement for a specified term of service in the Selected Reserve and
executing a DA Form 5261-4-R (SLRP Addendum) since 1 October 1982.  A
maximum of $10,000 is authorized for a Soldier who contracts for an MOS in
the Selected Reserve of the ARNGUS or USAR that has been authorized by HQDA
for the SLRP incentive.

DISCUSSION AND CONCLUSIONS:

The applicant’s claim of entitlement to SLRP benefits and an enlistment
bonus was carefully considered and found to have merit.  The DA G-1
official responsible for authorizing USAR enlistment incentives confirms
the applicant was entitled to up to $10,000.00 in SLRP benefits and an
enlistment bonus of $3,000.00 at the time of his USAR enlistment.
Therefore, it would be appropriate and serve the interest of justice to
correct the applicant’s record by showing his enlistment in the USAR
entitled him to these incentives.  Payment of these benefits will be
accomplished under the normal regulatory terms established for the
administraton of these incentives.

BOARD VOTE:

___MKP_  __REB __  __LMB__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing his enlistment in the USAR entitled him to a $3,000.00
enlistment bonus and up to $10,000.00 in Student Loan Repayment Program
benefits.

2.  Payment of the enlistment incentives outlined in the preceding
paragraph will be accomplished under the normal regulatory terms
established for the administration of these enlistment incentives.




            ____Margaret K. Patterson__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010426                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/25                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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